BARKA RAJWAR Vs. STATE

JUDGEMENT

(1.) THIS re -visional application is directed against an appellate order affirming an order of conviction of the petitioners on a charge under Section 395 of the Indian Penal Code and sentencing them to suffer R. I. for six years.

(2.) ON the information given by the informant P. W. 1 Ranjit Kumar Chatterjee that a dacoity was committed in his quarters on 29 -12 -1978 at night a case being Purulia P. S. Case No. 16 of the same date was started.

(3.) THE learned Assistant Sessions Judge found upon the evidence that there was in fact a dacoity committed in the quarters of P. W. 1 on the night of 29 -12 -1978. He also found relying upon the testimony of P. W. 1 principally that the petitioners participated in the act of dacoity. The allegation of false implication out of the political rivalry was disbelieved and there was no evidence adduced that the petitioners did in fact belong to any political party. Relying on the testimony of P. W. 1 the learned Assistant Sessions Judge found the petitioners guilty under Section 395 I.P.C. and sentenced them to suffer R. I. for six years.